A different look at criminals

Professor talks about 'therapeutic' method at Ivy Tech conference.

Professor talks about 'therapeutic' method at Ivy Tech conference.

October 28, 2006|ALICIA GALLEGOS Tribune Staff Writer

SOUTH BEND -- Although disciplines such as sociology and psychology seem to be on a separate spectrum from criminal justice, law professor Bruce Winick believes the studies actually go hand in hand. To successfully practice law and actually help people, Winick says the criminal justice world needs to take into account what's best for the well being of offenders. The practice is called Therapeutic Jurisprudence, and Winick, a professor from the University of Miami School of Law, spoke about its benefits Friday at the fourth annual criminal justice conference at Ivy Tech Community College. The conference was titled "Law Enforcement in America, Race, Class and Crime" and included speakers on consequences of arrest and ticketing, rates of offending in the general population, South Bend arrest data, and the challenges of policing diverse urban communities. "How does law affect people's well-being and (someone's) stress?" Winick asked the morning crowd of about 60. "This is an important function of law. Among other things, (we) should be concerned with people's health." The study of Therapeutic Jurisprudence involves looking at legal rules, practices and the ways that legal factors influence function and dysfunction. For example, Winick talked about the insanity defense and determining whether this defense negatively affects an offender's future conduct. Does taking away a person's sense of responsibility mean they might continue to offend, using the defense as a permanent mindset? Winick talked about the possible consequences of sentences as well as putting some offenders behind bars instead of giving them more opportunities to change. Usually, Winick said during his Therapeutic Jurisprudence speeches, at least one judge in the crowd tells him, "But I'm not a social worker." Winick's response to them is, "Yes, you are." With social problems like mental illness, substance abuse and domestic violence constantly being dropped at the court's doorstep, judges and other criminal justice players do take on a social worker-type role, Winick said. "We have to apply a more spiritual approach," he said. Rhonda Davis, who attended Friday's conference, said she could see how the TJ approach would be successful. "If this was implemented here, I think it would go so far," she said. "I work with youth that are 13 to 18, and I'm seeing that they don't have anyone to speak for them." Ivy Tech students Andrew Priller and Chris Eslinger agreed. "I think it's basic stuff," Priller said. "You should treat criminals like human beings, not put them in a cage." Staff writer Alicia Gallegos: agallegos@sbtinfo.com (574) 235-6368